Davis v. Pettitt

This suit was brought for damages by reason of a collision at a public crossing between a train operated by the Director 'General of Railroads and an automobile in which Mose Pettitt, the plaintiff below, was riding. James C. Davis, Agent, was substituted as defendant. Judgment for plaintiff in the distinct court was affirmed by the Court of Civil Appeals, Justice Lane dissenting (242 S. W. 783). Defendant’s application for writ of error was granted upon his first assignment, which raises the point that the trial court, in the submission of the case to the jury upon special issues, should…